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Hawaii Data Breach Statute

 

Haw. Rev. Stat. §§ 487N-1 to 487N-3

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Without unreasonable delay

YES, , if >1,000 individuals notified

 

More Details

Scope of this Summary Notification requirements applicable to commercial entities that own, license or maintain covered info of state residents, or conduct business in the state and own or license covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; or account, credit or debit card number, access code, or password that would permit access to an individual's financial account.
Form of Covered Info Electronic or Paper
Encryption Safe Harbor Statute does not apply to information that is redacted or encrypted, so long as the encryption key was not accessed or acquired.
Breach Defined Unauthorized access to and acquisition of covered info where illegal use of the personal information has occurred, or is reasonably likely to occur, and creates risk of harm to the person, excluding certain good-faith access by employees or agents.
Consumer Notice Timing: Must be made without unreasonable delay consistent with any measures to determine contact info, the scope of the breach, and to restore the reasonable integrity, security, and confidentiality of the system.

Content: Notice must be clear and conspicuous and must describe: incident in general terms; type of covered info accessed and acquired; covered entity's acts to protect covered info from further unauthorized access; telephone number, if there is one, individual can call for further information and assistance; advice for individual to remain vigilant.

Method: By written notice to last known address; by telephonic notice if direct contact is made; or by e-mail if individual has consented to receive electronic communications and notice is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement informs covered entity that notice may impede a criminal investigation or jeopardize national security and requests delay. Request must be in writing or documented contemporaneously in writing by covered entity.
Harm Threshold Notification not required if illegal use of covered info has not occurred, nor is reasonably likely to occur, and incident does not create a risk of harm to the person.
Government Notice If more than 1,000 individuals notified, must notify, in writing, the Hawaii Office of Consumer Protection without unreasonable delay of timing, distribution and content of the consumer notice.
Consumer Agency Notice If more than 1,000 individuals notified, must notify, in writing, all nationwide CRAs without unreasonable delay of timing, distribution and content of the consumer notice.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.
Potential Penalties Violations may result in civil penalties.

 

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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on May 30, 2018